McKee v. Coffee

Citations

• 58 Miss. 653

Syllabus

<p>1. Appeal. From order overruling demurrer. How taken.</p> <p>Under sect. 2310 of the Code of 1880, the defendant in a case in chancery may appeal, as a matter of right, from an order overruling his demurrer to the bill, during the term at ■which it has been overruled; and under sect. 2317 of the same Code, the petition for such appeal should be addressed to the clerk of the court.</p> <p>H. Same. From order overruling demurrer. Evidence as to when taken.</p> <p>A demurrer in a case between certain parties was filed on one day, and on the next day an appeal-bond was filed by the defendant, and the clerk of the court indorsed thereon these words: “ Approved by me in open court. J. E. Stone, clerk.” Held, that these facts sufficiently show that the appeal was taken during the term at which the demurrer was overruled.</p> <p>8. Chancery. Jurisdiction. Infants. Improper conduct of tax-collector.</p> <p>C., as guardian of certain minors, filed a bill in chancery against M., alleging substantially these facts: M., as sheriff and tax-collector, sold the land of the minors and bought it himself. In order to get it released from his claim, their guardian was compelled to pay M. twice as much as it had cost him. And previous to the sale of the land, M. levied upon and sold eight mules belonging to the minors, ostensibly for the purpose of paying their delinquent taxes for the year 1877; but before selling the mules he starved them for several days, so that they brought only a nominal price. The bill charged that M.’s purchase of the land was illegal, and in fraud of the rights of the complainant’s wards, and claimed that he should be compelled to refund all the money he had received from the sale of the mules and for the release of the land, except an amount equal to that paid out by him for the taxes on the land, and asked that an account be taken to ascertain the amount due. ■ Held, that the remedy at law is adequate, and the complainant is not entitled to any relief in c